...Truro Police Department CRIMINAL INVESTIGATION Policy Number: OPS-6.02 REFERENCE: TPDM Policy OPS-6.02.1 Effective Date: June 1, 2000 Revised Date: October 20, 2004 Accreditation Standards: Mass. Gen. Law: Chap. 90, Sec.22B, MRCP 14(a)(1)(A)(viii) Other: Comm. v. DiGiambattista, District Attorney’s Guidelines on Identification Procedures _________________________ POLICY: It shall be the policy of the Truro Police Department to conduct criminal investigations for the purpose of clearing crimes by arrest and/or complaint; to prosecute lawbreakers; and to recover stolen property. Whenever members of this department conduct an investigation, which requires the interrogation of a suspect, or an interview, connected therewith, all constitutional and statutory rights guaranteed under the law shall be afforded to the individual. The Truro Police Department will ensure that there is a screening of all reported offenses to assure adequate follow-up investigation whenever appropriate. Whenever possible, the District Attorney’s Guidelines on Identification Procedures with attached forms and checklists will be used when dealing with photo line ups, arrays, show ups and taped interrogations and identifications. (Revised October 20, 2004) PROCEDURES: 1. UNIFORM PATROLMEN CONDUCT PRELIMINARY INVESTIGATIONS: Most preliminary investigations will be conducted by members of the patrol force since they are usually the first to arrive at the scene and can start the investigation without delay. Patrolmen...
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...pick from, the one that appeals to me with the best moral outcome would be to contact the district attorney and report the wrong doing of partner within the department. My partner’s decision to completely disregard the suspect’s right to due process found in the 5th, 6th, and 8th amendments of the United States Constitution put this case in extreme danger of having the admissibility of our evidence taken into question. In most states, the interrogation of a minor is not taken lightly. The rights of a minor are high priority and are not to be ignored with such hast as my partner did in this case. My decision to go above my partner and supervisor’s head came with great thought of what the consequence of my action to do so. This will cause great tension within the department as I would be seen as a snitch. The thought of having the suspects in this case falsely accused of a crime they did not commit and have it follow them to their adult life would be a great injustice to the minors in the case. Without the presence of the suspect’s parent/guardian or a child advocate opens up the chance for intimidation and persuasion the suspects to confess or incriminate themselves. Also, the minors in this case could very well go to the news agencies with the story of how they were treated by our department. This would cause a field day with the media. We would be bombarded by reporters asking questions of why we did what we did and how could we have infringed upon these young men’s rights....
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...officers place the defendant or defendant under arrest, this is when the officers begin their Investigation. * The Police officer will then call the District Attorney with any information about the defendant, and the reasoning surrounding the defendant’s arrest. * Police Officers will then conduct interviews with the defendants and any witnesses * Interviews are conducted to determine what the defendant does on a daily basis and where the defendant calls home. * Before officers’ conduct their interview they may conduct a criminal history check which may be used against the defendant. The Officer will then speak to the District Attorney’s office about the charges and to see what their decision will be regarding a release or detaining the defendant. * When interviewing the defendant the interview will take place at U.S. Marshal’s holding cell, local jail, or law enforcement agency’s office. * When officers speak to defendants it is usually done in private and the officers must remain objective during the interview. * The Officer will explain to the defendant what information will be used to determine his or hers release or whether or not he/she will be detained. * Officers will never talk about the alleged offense, guilt or innocence and will not provide legal advice or recommend an attorney. They will stay impartial through the whole process. * Verifying all Information received from the Defendant(s) * Any information that...
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...My time at the Public Defender’s Office had been split between direct interaction with clients and attorney support. Each morning I, and the other interns, were expected to interview potential clients at the county jail. These interviews, often referred to as indigency evaluations, are conducted in order to determine if an individual is eligible to receive representation from a public defender. In addition to demonstrating a financial need, the information collected during these interviews is also useful when arguing bond for a client, allowing attorney’s to highlight certain aspects of an individual’s personal or social life that can impact their recidivism or flight risk. Often times, interviewees are coping with withdrawal symptoms, debilitating...
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...Culture of The Paulding County Public Defender’s Office Alisha Johnson CS204: Professional Presence 05/08/2015 Kaplan University Every law firm has a different culture. The culture of a particular law firm is built around not only the various people that work there, but the manner in which their everyday work duties are completed. The Paulding County Public Defender’s office is a diversely cultured office with many of its own unique daily operating procedures. The Paulding County Public defender’s office is comprised of not only attorneys, but they have a paralegal, receptionist, assistant attorneys, and a scheduler. The Paulding County Public Defender’s Office has built a culture of not only diverse employees but a diverse clientele. Anyone with the proper jurisdiction can apply for counsel through the office located in the local courthouse. Standard attorneys are paid for their services, while the attorney’s in The Paulding County Public Defender’s Office are not paid. In typical law firms, each position has their own daily job duties. This is also the case in Public Defenders Office although, there are many daily duties shared among all employees throughout the office. The Paulding County Public Defender’s Office has not only the receptionist answering phones, greeting clients, and taking applications for representation, but any of the employees in the office will undertake these tasks if available at that given time. In order for this to take place, all of...
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...are expressed: “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it” (Cornell). Many defendants argue that their counsel has not represented them fair enough to the jury, which would fail to determine the most just and righteous decision by the jury. Therefore, they file a habeas corpus petition. “The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights” (Lectric Law). The writ checks the authority of the court system and the elasticity of their powers. In Rose v. Lundy, 455 U.S. 509, 520 (1982), it states that each claim must be fully and totally exhausted before a district court may reach the merits of any claim in habeas petition. A petitioner is entitled to habeas relief only if it can be established that the constitutional error had "substantial and injurious effect or influence in determining the jury's verdict" (Brecht v. Abrahamson, 1993). The case of Rossum v. Patrick (2011), Kristin...
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...II. APPELLANT 'S SIXTH AMENDMENT RIGHT TO COUNSEL WAS PROTECTED WHEN APPELLANT 'S COUNSEL WAS PRESENT DURING THE LINE-UP PROCESS AND POLICE INTERVIEW IS NOT A CRITICAL STAGE OF THE CRIMINAL PROCEEDING WITHIN THE ASSISTANCE OF COUNSEL GUARANTEE OF THE SIXTH AMENDMENT BECAUSE THERE IS NO FACE TO FACE CONFRONTATION The Sixth Amendment states that the accused shall enjoy the right to the assistance of counsel for his defense in all criminal procedures. However, police interview is not a critical stage in a criminal proceeding within the meaning of the Sixth Amendment rights. This section will demonstrate that the appellant's Sixth Amendment was not violated because the lineup turned into a police interview when the witness switched rooms. Police...
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...covered in this class.. I looked at my state departments of educations website to view the laws of my state of Oklahoma and Texas and Arkansas to see how they cover special education issues. I had also had to interview a lawyer who is well-versed in school law. I interviewed Ms. Andrea Kunkel, she was a wealth of information. She is well-versed in Special Education law, she was an attorney at Rosenstein, Fist and Ringold, where she represented Oklahoma Public Schools. She handled many Due Process Cases, she advised school staff on their legal responsibilities under the Section 504, Title II of the ADA and IDEA. She also was the legal advisor of the Oklahoma Directors of Special Services and is now the staff attorney of CCOSA (Cooperative Council of Oklahoma School, where she is currently training school administrators on special education law and issues and is the liaison to ODSS group. The first topic we discussed was how has the legal system evolved, as it applies to special education, over the past 20 years, and how has that affected the legal framework for special education today? Ms. Kunkel said that in the 2004 Reauthorization of the IDEA, Congress Kerns Page 2 Law/Benchmark added a requirement that, when a parent files a due process hearing complaint, the district and parent must promptly participate in a resolution session, unless they agree in writing to waive the resolution session. The purpose of the resolution session is to provide a forum at which the parent...
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...fears in individuals, small businesses and large corporations. By understanding the process of a tax audit and reporting information that is understandable, people can lesson some of the risk. According to Sidney Weisman, an attorney and senior editor with the Research Institute of America, publisher of tax materials for professionals, “the easiest way to survive a tax examination is to prepare for one at the time you fill out the tax return” (Rankin, 1981, p. 2.29). THE PROCESS AND PREVENTING THE RISK OF A TAX AUDIT 3 The Process of Lessoning the Risk of a Tax Audit The tax audit have been feared by many and embraced by the few. Even though there are ways to reduce the likelihood of an audit, one must understand how the audit process works. If selected, a tax audit usually means corresponding with the IRS, searching through files, and producing records. It can also mean paying additional taxes, interest, or a penalty. Reducing the likelihood of an audit, all income and deductions must be reported truthfully even if it means a higher chance of being audited. One good strategy for avoiding an audit is to give the IRS the answer before it asks the question for unusual transactions on the tax return. “Thanks to the IRS Restructuring and Reform Act of 1998, individuals and small businesses have many new protections in the auditing...
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...Explain and illustrate the basic ways in which you can classify selection interviews. Interviews can be classified according to: (1) degree of structure. This is the extent to which interviews are, or are not, structure with previously designed questions so that each candidate must answer the same things. (2) purpose. Interviews may be designed to accomplish several purposes, including selection, performance appraisal feedback, etc. (3) content. The content of the questions may be situational, job-related, or psychological. (4) the way the interview is administered. Interviews might be conducted by a panel of interviewers, sequentially or all at once, computerized, or personally. 2. Briefly describe each of the following possible types of interviews: unstructured panel interviews; structured sequential interviews; job-related structured interviews. In the unstructured panel interview, the panel of interviewers asks questions as they come to mind. They do not have a list of questions or points that need to be covered, but may follow many different directions. The structured sequential interview consists of the candidate interviewing one by one with several different interviewers. Each interviewer conducts a structured interview which consists of pre-determined questions and a structured evaluation form to complete. The job-related structured interview consists of pre-determined questions, all of which are designed to asses the applicant's past behaviors for...
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...There are many specialists behind the scenes that make it possible for you to purchase your home including – realtors, inspectors, title insurer, insurance agent, appraiser, and the attorney. On your mortgage team, you will meet your processing specialist, while the underwriter, closer, and any other investors or government agencies that might be involved in your loan process are working on your file. The normal mortgage loan process takes between 30 and 45 days from application to closing. When you begin planning for a home purchase, you will need to meet with a banker and get pre-qualified, then find just the right home, obtain your mortgage financing and complete all of the home inspections, and close on your new home. You will start the complete purchasing process with a trip to the bank to speak with a loan officer to get pre-qualified, which consists of going through an interview and documentation process. The banker will ask questions such as whether this will be your first home, primary residence, or whether you have a house to sell before you plan to close on a new one. The bank will require you to fill out a mortgage loan application. You will need to supply the bank with pay stubs and other income documentation, bank statements and retirement statements, picture identification, and your social security number among other things. Then the lender will review all the information that you have provided and help you to determine how much money you can borrow and what your...
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...Controversial Issues in Entertainment Paper Controversial issues in the media Controversies are a part of the American if not global landscapes. The thought makes one wonder if our value and belief systems are shaped by mass media. That may be close to the truth. With computers, laptops, cell phones, I-pads we are connected to the media in some form and want our news as fast as possible. The more horrific the story, the more interest is generated in knowing the outcome. Nature of the controversy In 2009, a young dating couple had a physical fight that made national news. The couple in question- music superstars Chris Brown and Rihanna. Every paper covered the assault and had pictures of the bloodied Rihanna with blackened eye, split lip, and bite marks. The scandal percolated to an all-time high and Chris Brown was charged with assault. Later the public would discover the charges were for sexual assault. Many celebrities have misunderstandings and some have been victims. Controversy sells and we want to know what happened- the media is willing to oblige. Traditional journalism The traditional factors of newsworthiness include proximity, future impact, prominence, conflict, human interest, and timeliness. According to John Vivian “ not only do people in their contemporary lifestyles need mass media, but the industries that have built up around media need an audience” (Vivian, 2011, p. 6). News for the public has the following ideology, “news is based on some inherent...
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...Attorney Johnnie Cochran Jr. was born on October 2, 1937, in Shreveport, Louisiana. He was the great-grandson of an African-American slave; however he grew up in a stable and prosperous family, with parents who stressed education. His family relocated to Los Angeles in 1949 where he attended public schools and earned excellent grades .He graduated first in his class from Los Angeles High School in 1955. Although his father had a good job with the Golden State Mutual Life Insurance Company, Cochran always managed to find friends who had more money and more luxuries than he did. "If you were a person who integrated well, as I was, you got to go to people's houses and envision another life," he recalled in The American Lawyer. "I knew kids who had things I could only dream of.” He went on to earn a Bachelor’s Degree in Business Administration from the University of California, Los Angeles in 1959. He supported himself by selling insurance policies for his father’s company. Later that year he was accepted by the Loyola Marymount University School of Law, where he earned his Juris Doctor in 1962. In 1963 he passed the California bar examination. He soon began taking highly publicized police brutality cases. In May of 1966, a young black man named Leonard Deadwyler was shot dead by police as he tried to rush his pregnant wife to the hospital. Cochran represented Deadwyler's family, who accused the police of needless brutality in their son's murder. The Los Angeles Police Department...
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...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are: National Federation of Paralegal Associations National Association of Legal Assistants American Bar Association Your state bar association Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: ...
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...guilty and pledged to fight the charges. Hours after her arraignment in federal district court in Manhattan, the media and merchandising company she founded, Martha Stewart Living Omnimedia, announced that she was stepping down as chairwoman and chief executive. She will continue as a director and is expected to remain a force as the company's ''chief creative officer.'' [Page C1.] The indictment depicted Ms. Stewart as going out of her way to conceal the circumstances of the sale of nearly 4,000 shares of ImClone Systems, a transaction that investigators say she made after learning that her friend, Samuel D. Waksal, the company's founder, and his daughter were selling their own stock. Indeed, the charges focused less on the trade than on an elaborate cover-up that prosecutors say came afterward. According to the indictment, Ms. Stewart lied to investigators by telling them that she and her stockbroker had previously agreed to sell the shares if their market value fell below a certain price, and altered a phone message from the broker in her assistant's computer ''immediately following a lengthy conversation with her attorney.'' At a news conference announcing the charges against Ms. Stewart, James B. Comey, the United States attorney for the Southern District of New York, said, ''This criminal case is about lying -- lying to the F.B.I., lying to the S.E.C., lying to investors.'' Addressing a question that has long hovered over the investigation, he added, ''Martha Stewart is...
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